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-   -   Can I get back child support if I never filed (https://www.askmehelpdesk.com/showthread.php?t=742097)

  • Apr 1, 2013, 11:42 AM
    gladysparra
    Can I get back child support if I never filed
    Hi

    I am a Filipina and I had a son from a us military man and is still now active in the military. I am planning to sue the father of my son for child support as he is not supporting my son well. However I am in the Philippines now, is it still possible to sue him via representative in the usa? Please help

    Thanks in advance
  • Apr 1, 2013, 11:44 AM
    smoothy
    You can only collect child support back to when you claim it.. and have it awarded.

    Meaning you can't expect someone to find 16 years worth of support money if you waited 16 years to make a claim.
  • Apr 1, 2013, 12:04 PM
    gladysparra
    Quote:

    Originally Posted by smoothy View Post
    You can only collect child support back to when you claim it..and have it awarded.

    Meaning you can't expect someone to find 16 years worth of support money if you waited 16 years to make a claim.

    Thanks for answering. However my question is this sir "i am planning to sue the father of my son but I am in the Philippines is it possible to file a case against him through American representative who lives there?.

    Thanks
  • Apr 1, 2013, 12:12 PM
    smoothy
    Your initial part of the question was

    Quote:

    can I get back child support if I never filed
    That is the part I addressed.

    As far as can you claim? I believe it is possible... give it a try... the most they can tell you is no. The DNA test might be a bit hard to get done as that will be required to prove the child's parentage before it will be considered.
  • Apr 1, 2013, 01:47 PM
    gladysparra
    Quote:

    Originally Posted by smoothy View Post
    Your initial part of the question was



    That is the part I adressed.

    As far as can you claim? I believe it is possible.....give it a try...the most they can tell you is no. The DNA test might be a bit hard to get done as that will be required to prove the childs parentage before it will be considered.

    Thank you sir
  • Apr 1, 2013, 03:23 PM
    gladysparra
    Child support unestablished father signed because and is in us military. Mother is in phil
    Hi to all

    I am a Filipina and I had a son from a us military man stationed in camp zama japan.
    The father of my son signed birth certificate and paternity however refuses to acknowledge him in us military. He is hiding from us. I want to sue him for child support however is it possible for me to sue him through a representative? I got a fiancé in usa and willing to help me file a case however what steps to be done inorder to sue him.

    Thanks in advance
  • Apr 1, 2013, 03:28 PM
    smoothy
    YOu already have a thread on this topic that was answered.

    https://www.askmehelpdesk.com/family...ed-742097.html

    Site rules are ONE thread per topic. Reporting to the mods for merger or deleting.
  • Apr 1, 2013, 03:31 PM
    cdad
    How old is your son now?
  • Apr 1, 2013, 04:58 PM
    ScottGem
    Your threads have been merged. Please don't post multiple threads on the same subject.

    Yes, you can file in the states using a representative. But at some point you will need to appear.
  • Apr 1, 2013, 05:09 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... Yes, you can file in the states using a representative. But at some point you will need to appear.

    She can sue in the U.S. through an attorney. She may have to travel here, but not necessarily.
  • Apr 1, 2013, 07:59 PM
    gladysparra
    How to actually sue someone without coming there sir/maam?

    Thanks in advance
  • Apr 1, 2013, 08:05 PM
    gladysparra
    Quote:

    Originally Posted by AK lawyer View Post
    She can sue in the U.S. through an attorney. She may have to travel here, but not necessarily.

    Thank you sir.

    How about dna testing? The father won't cooperate with dna testing. I had pictures of him and my son when he was here last July his last visit cause we were registering our son here. Plus my son and him looks very the same.. I have all the evidences..

    Do you think similar appearances, because signature and our past communication is enough for child support case?

    Thank you in advance
  • Apr 1, 2013, 08:08 PM
    gladysparra
    Quote:

    Originally Posted by cdad View Post
    How old is your son now?

    He is 0ne year old
  • Apr 1, 2013, 08:10 PM
    smoothy
    Court will order the DNA test... and its his right.. because nothing else will positively establish parentage like that will.

    Its easy to make claims... either knowingly or unknowingly false... but DNA never lies. And have saved many men from being falsely on the hook for kids they never fathered. And proven many that really were despite claims to the contrary.
  • Apr 1, 2013, 08:40 PM
    gladysparra
    I am very much willing to establish dna testing however he is the one who is hiding and refuses to establish it.
    That's why I want to sue him
  • Apr 2, 2013, 02:59 AM
    smoothy
    Quote:

    Originally Posted by gladysparra View Post
    I am very much willing to establish dna testing however he is the one who is hiding and refuses to establish it.
    that's why I wanna sue him

    Without DNA test results... you can't prove its actually his child.

    You initiate the complaint, the courts orders the tests, not you, he can ignore anything YOU demand... he can't ignore what the court orders... the test will prove definitively if it is or isn't his child. If they prove it isn't... your case ends... if it proves it is... your case continues.

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